Kerala High Court
V.P. Narayanan vs State Of Kerala on 28 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 18445 OF 2024
PETITIONERS:
1 V.P. NARAYANAN
AGED 64 YEARS
S/O. PONNUMANI, VATTAPPARAMPIL,
VAGAMON P.O., IDUKKI DISTRICT, PIN - 685503
2 ILLIYAS M.A.
AGED 41 YEARS
S/O. ALIYAR, MELETHEKKETHIL,
VAGAMON P.O., IDUKKI DISTRICT, PIN - 685503
BY ADVS.
K.M.ABDUL MAJEED
KEERTHI SAJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI, PIN - 685603
3 THE TAHSILDAR
PEERMADE TALUK, PEERMADE, IDUKKI, PIN - 685531
4 ELAPPARA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
EAPPARA, IDUKKI, PIN - 685501
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
RAJEEV V.K.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.M.H.HANIL KUMAR, SPL.GOVERNMENT PLEADER- REVENUE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.18445 of 2024
2
JUDGMENT
A.Muhamed Mustaque, J.
The petitioners have approached this Court by
challenging rejection of building permit for construction of
a residential building in the property covered by Exts.P1
and P1(a). This is apparently for the reason that the land
where the proposed construction to be undertaken was
part of plantation, and it is exempted under the Kerala
Land Reforms Act from the purview of ceiling proceedings.
This question was considered by a series of judgments of
this Court including the judgment produced along with
Exts.P5 and P6. There is no embargo under law for a
person to undertake construction in exempted land.
However, this will be subject to qualification of exemption
and if such a construction is undertaken in exempted land,
nothing prevents the competent authority from proceeding
against such land for inclusion in the ceiling area of the
declarant under the Land Reforms Act by reopening the
proceedings related to the ceiling of original declarant.
Anyway, the local authority cannot refuse issuance of
permit provided, the petitioners satisfy that they have title
and possession of the property. Therefore, the impugned
order is set aside. The local authority will have to consider
the application in accordance with law without any delay.
However, this will be subject to any proceedings initiated
by the revenue authority in respect of the ceiling of
declarant in accordance with law.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
rkj
APPENDIX OF WP(C) 18445/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 927/2023
DATED 16.3.2023
Exhibit P1(a) TRUE COPY OF THE SALE DEED NO.
1439/1/23 DATED 25.4.2023
Exhibit P2 TRUE COPY OF LAND TAX RECEIPT NO.
1855412 DATED 28.4.2023
Exhibit P2(a) TRUE COPY OF LAND TAX RECEIPT NO.
1855649 DATED 22.6.2023
Exhibit P3 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT OF
THE ONLINE APPLICATION WITH FILE NO.
400580/BPRL01/GPO/2024/184 DATED
12.01.2024
Exhibit P3(a) TRUE COPY OF ACKNOWLEDGEMENT RECEIPT OF
THE ONLINE APPLICATION WITH FILE NO.
400580/BPRL01/GPO/2024/185 DATED
12.01.2024
Exhibit P4 TRUE COPY OF REPLY LETTER NO.
400580/BPRL01/GPO/2024/184 (1) DATED
17.02.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P4(a) TRUE COPY OF REPLY LETTER NO.
400580/BPRL01/GPO/2024/185 (1) DATED
21.02.2024 ISSUED BY THE 4TH RESPONDENT
Exhibit P5 TRUE COPY OF JUDGMENT IN W.P.(C) NO.
35210 OF 2023 DATED 11.1.2024 OF THIS
HON'BLE COURT
Exhibit P6 TRUE COPY OF JUDGMENT IN W.P.(C) NO.
5258 OF 2024 DATED 15.2.2024 OF THIS
HON'BLE COURT
Exhibit P7 TRUE COPY OF JUDGMENT IN W.P.(C) NO.
35129 OF 2022 DATED 24.1.2023 OF THIS
HON'BLE COURT
Exhibit P8 TRUE COPY OF JUDGMENT IN WRIT APPEAL
NO.433 OF 2023 DATED 3.3.2023 OF THIS
HON'BLE COURT
